Martin Andrew & Anor v The Scottish Ministers

In a conduct-dismissal case, the reasonableness of an employer’s investigation must be assessed as a whole. The employer must consider defences advanced by the employee, but it need not investigate every possible line of defence unless the circumstances make further inquiry necessary to meet the Burchell standard.

An employment tribunal’s reasons must be read fairly and in context. A statement that matters not raised in internal proceedings were immaterial will not establish an error of law if, read as a whole, the tribunal considered the suggested inquiries and permissibly concluded that the investigation fell within the range of reasonable responses.

The appellants were prisoner management officers employed by the Scottish Prison Service. Following an allegation that they had used inappropriate force on a prisoner, an investigation and disciplinary proceedings resulted in their summary dismissal in March 2023.

The Employment Tribunal at Glasgow unanimously dismissed their unfair-dismissal claims in a judgment sent to the parties on 17 May 2024. On appeal, the appellants contended that the tribunal had wrongly confined its assessment to matters raised during the internal process, and had made perverse findings by failing to address proposed further inquiries.

The central issue was whether the tribunal had lawfully assessed the reasonableness of the employer’s investigation and dismissal decision.

1. Appeals dismissed. The Employment Tribunal had not erred in law in rejecting the contention that the employer’s investigation was inadequate.

2. The tribunal’s reasons had to be read fairly and as a whole, without isolating particular words or passages. Paragraph 47 of its judgment appeared within its assessment of the evidence and did not show that the tribunal had adopted an impermissibly narrow legal test.

3. The correct approach was that stated in Shrestha v Genesis Housing Association Ltd [2015] EWCA Civ 94. The investigation is assessed as a whole. An employer must consider defences advanced by an employee, but the extent of any specific inquiry depends on all the circumstances. A requirement to investigate every line of defence unless manifestly false or unarguable would add an unwarranted gloss to the test in British Home Stores Ltd v Burchell [1980] ICR 303.

4. The tribunal had carefully considered the circumstances and had given nine reasons for concluding that the extent of the investigation was within the reasonable band. It was therefore entitled to reject the proposed additional lines of inquiry as establishing unfairness.

5. The tribunal’s factual findings were open to it on the evidence and were not perverse. The second ground consequently added nothing to the failed legal challenge.

• Employment Appeal Tribunal: appeals dismissed: [2025] EAT 117.
• Employment Tribunal, Glasgow: unanimously dismissed the appellants’ unfair-dismissal claims in a judgment sent to the parties on 17 May 2024.